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DYNAMEX OPERATIONS WEST, INC. v. SUPERIOR COURT

No. S222732.

4 Cal.5th 903 (2018)

DYNAMEX OPERATIONS WEST, INC., Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; CHARLES LEE et al., Real Parties in Interest.

Supreme Court of California.

April 30, 2018.

Attorney(s) appearing for the Case

Littler Mendelson, Robert G. Hulteng , Damon M. Ott , Philip A. Simpkins ; Sheppard Mullin Richter & Hampton, Paul S. Cowie ; DLA Piper and Ellen M. Bronchetti for Petitioner.

Orrick, Herrington & Sutcliffe, Andrew R. Livingston , Michael Weil , Lauri Damrell and Kathryn G. Mantoan for California Employment Law Council and Employers Group as Amici Curiae on behalf of Petitioner.

Horvitz & Levy, John A. Taylor , Jeremy B. Rosen , Felix Shafir and David W. Moreshead for Chamber of Commerce of the United States of America and California Chamber of Commerce as Amici Curiae on behalf of Petitioner.

No appearance for Respondent.

Pope, Berger & Williams, Pope, Berger, Williams Reynolds , A. Mark Pope ; Glancy Binkow & Goldberg, Glancy Prongay & Murray, Kevin F. Ruf ; Boudreau Williams, Williams Iagmin and Jon R. Williams for Real Parties in Interest.

Della Barnett, R. Erandi Zamora ; Anthony Mischel ; Cynthia L. Rice , William G. Hoerger and Jean H. Choi for California Rural Legal Assistance Foundation, National Employment Law Project, Los Angeles Alliance for a New Economy, La Raza Centro Legal, Legal Aid Society-Employment Law Center, Asian Americans Advancing Justice-LA, Asian Americans Advancing Justice-ALC, The Impact Fund, Alexander Community Law Center, UCLA Center for Labor Research, Women's Employment Rights Clinic and Worksafe as Amici Curiae on behalf of Real Parties in Interest.

Duckworth Peters Lebowitz Olivier and Monique Olivier for California Employment Lawyers Association as Amicus Curiae on behalf of Real Parties in Interest.

Judith A. Scott ; Altshuler Berzon , Michael Rubin , Barbara J. Chisholm , P. Casey Pitts ; Nicole G. Berner ; Nicholas W. Clark ; and Bradley T. Raymond for Service Employees International Union, United Food and Commercial Workers International Union and International Brotherhood of Teamsters as Amici Curiae on behalf of Real Parties in Interest.

David Balter for Division of Labor Standards Enforcement, Department of Industrial Relations, as Amicus Curiae on behalf of Real Parties in Interest.

OPINION

Under both California and federal law, the question whether an individual worker should properly be classified as an employee or, instead, as an independent contractor has considerable significance for workers, businesses, and the public generally.1 On the one hand, if...

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